JUDGMENT 1. - This Civil Special Appeal is directed against the order of the learned Single Judge dated 05th May, 1999 in Civil Writ Petition No. 2511/1996. 2. The writ petition was filed seeking quashing of the order dated 12th July, 1996 by virtue of which the second respondent, Bharat Lal Meena (I), was granted adhoc promotion to the post of Area Manager. The facts giving rise to the appeal are as follows: 3. While the appellant was appointed as Manager in the respondent Bank on 15th June, 1981, the second respondent was appointed as an Officer on 13th October, 1983 by direct recruitment. It is not in dispute that there were five vacancies for the post of Area Manager/Senior Manager in the Pay Scale of Rs. 3060-4390. The appellant was at SI.No. 4 in the list of eligible Officers for promotion to the post of Area Manager/Senior Manager. Three persons senior to the appellant were promoted to the post of Area Manager/Senior Manager, but the appellant was not promoted despite the vacancy. This led to the filing of Writ Petition No. 1507/1991. The writ petition was disposed of by the learned Single Judge by order dated 17th September, 1993 with the following direction: "The petition is accordingly disposed off with the direction to the respondent No. 1 to make promotions to the vacant posts of Area Manager/Senior Manager in accordance with rules in the light of clarification issued by 'NABARD' within a period of four months." 4. In spite of the direction to the first respondent Bank to make the promotions to the vacant post of Area Manager/Senior Manager in accordance with the rules, no appointment was made. Aggrieved by the inaction of the first respondent, the appellant filed an application for initiating contempt proceedings against the Bank. 5. While the application of the appellant was pending, the first respondent, on 12th July, 1996 passed the following order in favour of the second respondent: As per the directions of Hon'ble High Court of Rajasthan, Jodhpur you are hereby promoted on the post of Area Manager on Adhoc Basis in Pay Scale of Rs. 3060-120-4260-130-4390 subject to provisions under the Regional Rural Banks (Appointment and promotion of officers and other employees) Rules, 1988." 6. 3060-120-4260-130-4390 subject to provisions under the Regional Rural Banks (Appointment and promotion of officers and other employees) Rules, 1988." 6. Not satisfied with aforesaid order passed by the first respondent, the appellant filed a fresh writ petition being writ petition No. 2511/1996 challenging the appointment of the second respondent to the post of Area Manager. The writ petition was, however, dismissed by the learned Single Judge. Aggrieved by the order passed by the learned Single Judge, the appellant has come up before us by way of instant Civil Special Appeal (Writ). 7. We have heard the arguments advanced by the learned counsel for the parties. 8. We find that the appointment of the second respondent to the post of Area Manager of the first respondent was not in consonance with the Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1988 (for short Rules). 9. Rule 7 of the Rules is relevant and clinches the controversy. Rule 7 reads as follows: "7. Area Manager or Senior- (a) Source of Recruitment : 100% by promotion from amongst confirmed officers working in the bank. Promotion will be on basis of seniority-cum-merit. If suitable officers are not available internally these posts could be filled by taking temporarily officers of the sponsor banks and other banks or organisations on deputation. (b) Qualification and Eligibility: (i) A graduate of recognised University or any equivalent qualifications recognised as such by Government of India, preference being given to Agriculture or Commerce or Economic Graduates. (ii) Eight years service as an officer in the regional rural bank concerned. Provided that the Board may, with the prior approval of National Bank, relax the period of service by a period not exceeding two years, if suitable candidates of requisite experience are not available." 10. As is apparent from the aforesaid rule, a person is required to have eight years service as an Officer in the Regional Rural Bank for being eligible to the post of Area Manger/Senior Manger. The second respondent was appointed as Manger on 13th October 1983 by direct recruitment. The vacancy against which the appointment was to be made was of 01st October 1989. Therefore, the second respondent did not have eight years service as an Officer in the Bank. Thus the second respondent did not fulfil the eligibility criteria. The second respondent was appointed as Manger on 13th October 1983 by direct recruitment. The vacancy against which the appointment was to be made was of 01st October 1989. Therefore, the second respondent did not have eight years service as an Officer in the Bank. Thus the second respondent did not fulfil the eligibility criteria. In the circumstances, the learned Single Judge was not right in upholding the appointment of the second respondent. 11. Even otherwise, the promotion of the second respondent was not in accordance with the Circular dated 03rd February, 1994. The second respondent was promoted on the ground of being a Schedule Tribe candidate. The circular to the extent relevant, reads as follows: "In respect of promotion upto MMGS-III, the concession as contained in para 9.2 (a) of the Brouchure on reservation for SC and STs in services published by Department of personnel ana Training is available for SC/ST Officers. In other cases where promotions are made on seniority subject to fitness basis reservation of 15% and 71/2% of the vacancies for SCs and STs respectively is to be applied in Grades or services in which the element of direct recruitment, if any, does not exceed 75%, as per prescribed roster, in terms of the provisions contained in para 9.3 of the Brouchure." 12. This circular was not applicable inasmuch as the promotion to the post of Senior Manager was to be made purely on the basis of Seniority-cum fitness. There was no element of direct recruitment involved in the matter. This position is not disputed. This being so, the second respondent could not be appointed on the basis of being a Schedule Tribe candidate. 13. In the circumstances, the appeal succeeds. The order of learned Single Judge is set aside. The promotion of the second respondent to the post of Area Manger is hereby quashed. The first respondent shall consider the case of the petitioner-appellant in accordance with rules for the promotional post of Area Manager/Senior Manager, in respect of the vacancy existing as of 01st October, 1989.Appeal allowed - Order of single Judge set aside.. *******